Application by Ahmad Maslan to drop charges baseless, premature - Prosecution

Deputy public prosecutor Mohd Mukhzany Fariz Mohd Mokhtar in his submission said, this was because the application was made before documents pertaining to the case were handed to the defence representing the accused.

Mohd Mukhzany Fariz who was assisted by DPP Siti Noor Hafizan Zakaria also said that the charges against the accused were well-founded and not defective because they were more factual.

"As such, the court should dismiss the application and proceed with the trial so that the prosecution witnesses could be called to give their testimony," he said during hearing on the application before Justice Azman Ahmad.

Ahmad, 54, as the applicant filed an application to dismiss the two charges against him on Feb 11.

Earlier, Ahmad Hamidi Mohd Noh, lawyer representing Ahmad argued that the charges against his client were defective and unfounded as the offences were not clearly stated.

"Clearly the charge itself is groundless as it does not mention the offence and the offence (as stated in the charge sheet) is confusing, and based on that we file this application," he said.

After hearing submissions by both parties, Azman fixed July 24 to decide on the application..

Ahmad is alleged to have been involved in money laundering by not stating his real income on the RM2 million he received from Najib in the Income Tax Return Form for Assessment Year 2013, and in doing so, had violated Section 113(1)(a) of the Income Tax Act 1967.

The former deputy finance minister was alleged to have received the money from Najib, believed to be proceeds from unlawful activities, through an AmIslamic Bank Berhad cheque dated Nov 27, 2013, which he (Ahmad) personally cashed on the same day.

The offence was allegedly committed at the IRB, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim, on April 30, 2014.

The charge, framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM5 million, or imprisonment for up to five years, or both, if found guilty.

On the second charge, Ahmad was accused of giving false statements to the MACC when questioned by MACC investigating officer, Principal Senior Assistant Superintendent Mohd Zairi Zainal, over the issue at the media conference room, Parliament Building, Jalan Parlimen here, between 2.45 pm and 3.30 pm on July 4, 2019.

The charge, framed under Section 32(8)c) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM3 million, or imprisonment for up to five years, or both, if found guilty.